People v. Turcios–Banegas

• Decision Date: 21 November 2012
• Citation: 953 N.Y.S.2d 893,2012 N.Y. Slip Op. 08048,100 A.D.3d 937
• Parties: The PEOPLE, etc., respondent, v. Jose Luis TURCIOS–BANEGAS, appellant.
• Court: New York Supreme Court — Appellate Division

100 A.D.3d 937
953 N.Y.S.2d 893
2012 N.Y. Slip Op. 08048

The PEOPLE, etc., respondent,
v.
Jose Luis TURCIOS–BANEGAS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 21, 2012.

Arza Feldman, Uniondale, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J., at plea; Honorof, J., at sentence), rendered November 18, 2009, convicting him of murder in the first degree, murder in the second degree (two counts), robbery in the first degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California (386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California (386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676;People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399;cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.